Rental agreements are based on the Civil Code, which makes no specific provision for the tenant in terms of force majeure. In fact, it does not define force majeure, which has been defined by doctrine and case law.

The landlord's main obligation is to allow the tenant free use of the rented premises. And the tenant's obligation is to pay the rent and charges on the agreed date. In concrete terms, a lease generates reciprocal rights and obligations. It is a synallagmatic contract.

If the tenant gives any reason for no longer paying the rent or for suspending this obligation, he should return the keys to the landlord so that the latter can reclaim the property and have access to it or benefit from it peacefully.

If the tenant is unwilling or unable to return the keys to the landlord, he should respect the balance of the contract by paying the rent.

In general, the courts and case law refuse to release a tenant from the obligation to pay rent on the grounds of economic force majeure or financial force majeure, even when the cause is clearly a case of force majeure such as Covid-19.

The solution therefore lies in negociation between the parties in an intelligent and proportionate manner.  

Eric vdb

Eric Vanden Bemden

Real Estate Officer

+32 2 563 68 56